BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new chapter to read as follows:

CHAPTER 46

31-46-1.

This chapter shall be known and may be cited as the 'Complementary and Alternative Health Care Freedom of Access and Consumer Protection Act.'

31-46-2.

The purpose of this chapter is to protect the freedom of the individual to choose and receive the healing treatment that the individual desires and deems to correspond with the individual´s own view of health and disease and which the individual deems effective in securing that individual´s own wellness and to authorize the practice of all healing methods and to protect the right of health care practitioners to practice all forms of health care and to protect the public through mandatory disclosures, patients´ rights, registration, and informed consent.

31-46-3.

As used in this chapter the term:

(1) 'Commissioner' means the commissioner of human resources or the commissioner´s designee.

(2) 'Complementary and alternative health care client' means an individual who receives services from a registered complementary and alternative health care practitioner.

(3)(A) 'Complementary and alternative health care practices' means the broad domain of complementary and alternative healing methods and treatments, including but not limited to:

(i) 'Energy therapy,' which means a manner of addressing imbalances and blockages in the energy field which surround the physical body. It is based on the premise that all living organisms are sustained by a universal life energy. The North America Nursing Diagnosis Association names 'energy field disturbance' as a nursing diagnosis and defines it as 'the state in which a disruption of the flow of energy surrounding a person´s being results in a disharmony of the body, mind, and/or spirit.' Energy therapists remove the imbalances and blockages to help reestablish balance and harmony, which support the client´s self-healing process. By using their hands, usually placed from 2 to 4 inches from the client´s fully clothed body, therapists reconfigure the client´s energy field. Examples of energy work include therapeutic touch and healing touch;

(ii) 'Herbalism,' which means the practice of using plants or plant parts to make remedies, food flavors, or aromatic oils. Throughout history, various cultures have handed down their knowledge of medicinal herbs to successive generations. Many of the plant derived pharmaceutical medicines used in modern medicine correlate directly with their traditional use as plant remedies by these cultures;

(iii) 'Homeopathy,' which means a complete system of healing discovered over 200 years ago by a German physician, Dr. Samuel Hahnemann. The word homeopathy derives from the Greek words homoios, meaning similar and pathos, meaning suffering. Based upon the premise that like cures like, these remedies specifically match different symptoms, patterns, or profiles of illness and act to stimulate the body´s natural healing response;

(iv) 'Hypnosis,' which means a process that produces relaxation, distraction of the conscious mind, heightened suggestibility, and increased awareness, allowing access to the subconscious mind through the imagination. It is a natural and healthy state of mind experienced several times a day. Hypnotherapy utilizes this natural state to direct the subconscious mind through positive suggestion to reach specific, beneficial behavioral changes in vocational and avocational areas that the person wants to achieve. Hypnotherapy does not involve the use any drugs or medication;

(v) 'Massage and other somatic therapies,' which means a broad variety of approaches employing touch for the purpose of sustaining, restoring, and elevating the physical, emotional, mental, and spiritual health and capacity of individuals. Various forms of massage therapy, neurological education, and guided movement make up a few of the sometimes overlapping categories of somatic disciplines. The more popular disciplines are: Swedish Massage, Neuromuscular Therapy, Acupressure, Polarity Therapy, Cranial Sacral Therapy, and Shiatsu. The techniques used in these systems are for rehabilitation, relieving pain, balancing the human frame, boosting the energy and immune system, and integrating the mind with the body, as well as many other benefits;

(vi) 'Mind-body-spirit practice,' which means a practice based on the conscious awareness of the therapist that these three aspects of human beings are interconnected. Mind-body-spirit practice helps the client integrate the functions of the mind, body, and spirit, helping them to work together. Many different interventions are included in this form of self-healing. They can occur on any one level and impact the other levels. Examples of interventions are: prayer, meditation, guided imagery, biofeedback, breath work, self-awareness, and journal writing; and

(vii) 'Naturopathy,' which means a system of medicine in which a symptom is seen as the manifestation of the body healing itself. It consists of healing practices such as diet and clinical nutrition, homeopathy, herbal therapies, hydrotherapy, therapeutic exercise, soft tissue manipulation, and physical therapies involving electric currents, light therapy, and therapeutic education.

(B) Complementary and alternative health care practices do not include: surgery; X-ray radiation; administering, prescribing, or dispensing legend drugs or controlled substances; setting fractures; obstetrics; practices that invade the human body by puncturing the skin; any practice included in the practice of dentistry as defined under Chapter 11 of Title 43; or the manipulation or adjustment of articulations of joints or the spine as defined under Chapter 9 of Title 43.

(C) Complementary and alternative health care practices do not include practices that are permitted under any religious practice.

(D) This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act of 1994 (P.L. 103-417), educating customers about such products, or explaining the uses of such products. A registered complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments.

(4) 'Complementary and alternative health care practitioner' or 'practitioner' means a person who is providing complementary and alternative health care services for remuneration or is holding himself or herself out to the public as a practitioner of complementary and alternative health care practices and who is not exempt under Code Section 31-6-28.

(5) 'Health related licensing board' means a professional licensing board established under Chapter 4 of Title 26 or under Chapter 9, 10A, 11, 11A, 26, 28, 29, 30, 33, 34, 35, 39, or 44 of Title 43.

(6) 'Office of registered complementary and alternative health care practice' or 'office' means the office of registered complementary and alternative health care practice established in Code Section 31-46-5.

(7) 'Registered complementary and alternative health care practitioner' means a person who is registered with the office as a complementary and alternative health care practitioner.

31-46-4.

(a) A person who wishes to engage in complementary and alternative health care practices must register with the office under this chapter. Any person has the right to practice complementary and alternative care practices as long as he or she is registered with the office and is in good standing. The failure of any practitioner to register may be treated as a misdemeanor.

(b) A health care practitioner licensed by a health related licensing board who engages in complementary and alternative health care while practicing under the practitioner´s license or registration shall be regulated by and be under the jurisdiction of the applicable health related licensing board with regard to the complementary and alternative health care practices and shall be subject to regulation under this chapter unless such practitioner is exempt under Code Section 31-6-28.

31-46-5.

(a) The office of complementary and alternative health care practice is created in the Department of Human Resources to investigate complaints and take and enforce disciplinary actions against all registered complementary and alternative health care practitioners for conduct prohibited under this chapter.

(b) The commissioner shall adopt rules necessary to implement, administer, and enforce provisions of this chapter.

(c) Nothing in this chapter shall restrict the ability of a local department of family and children services, a local law enforcement agency, the commissioner, or the state to take action regarding the maltreatment or abuse of minors. A parent who obtains complementary and alternative health care for the parent´s minor child is not relieved of the duty to seek necessary medical care otherwise required by law. A complementary and alternative health care practitioner who is providing services to a child who is not receiving necessary medical care must make a report of abuse under the same conditions as required under Code Section 19-7-5.

(d) A person who has knowledge of any conduct constituting grounds for disciplinary action relating to a complementary and alternative health care practitioner registered under this chapter may report the violation to the office.

(e) A state agency, political subdivision, agency of a local unit of government, private agency, hospital, clinic, prepaid medical plan, or other health care institution or organization located in this state shall report to the office any action taken by such agency, institution, or organization or any of its administrators or medical or other committees to revoke, suspend, restrict, or condition a registered complementary and alternative health care practitioner´s privilege to practice or treat complementary and alternative health care clients in the institution or as part of the organization, any denial of privileges or any other disciplinary action for conduct that might constitute grounds for disciplinary action by the office under this chapter. Such agency, institution, or organization shall also report to the office the resignation of any registered complementary and alternative health care practitioner prior to the conclusion of any disciplinary action proceedings for conduct that might constitute grounds for disciplinary action under this chapter or prior to the commencement of formal charges but after the practitioner had knowledge that formal charges were contemplated or were being prepared.

(f) A state or local professional society for complementary and alternative health care practitioners shall report to the office any termination, revocation, or suspension of membership or any other disciplinary action taken against a registered complementary and alternative health care practitioner. If the society has received a complaint that might constitute grounds for disciplinary action under this chapter against a member on which it has not taken any disciplinary action, the society shall report the complaint and the reason it has not taken action on it or shall direct the complainant to the office.

(g) A health care provider licensed by a health related licensing board shall report to the office personal knowledge of any conduct that the provider reasonably believes constitutes grounds for disciplinary action under this chapter by any registered complementary and alternative health care practitioner including conduct indicating that the individual may be incompetent or may be mentally or physically unable to engage safely in the provision of services. If the information was obtained in the course of a client relationship, the client is a registered complementary and alternative health care practitioner, and the treating individual successfully counsels the client practitioner to limit or withdraw from practice to the extent required by the impairment, the office may deem this limitation of or withdrawal from practice to be sufficient disciplinary action.

(h) A registered complementary and alternative health care practitioner shall report to the office any personnel action that would require that a report be filed with the office by any person, health care facility, business, or organization. The practitioner shall also report the revocation, suspension, restriction, limitation, or other disciplinary action against the practitioner´s license, certificate, registration, or right of practice in another state or jurisdiction for offenses that would be subject to disciplinary action in this state and also report the filing of charges regarding the practitioner´s license, certificate, registration, or right of practice in another state or jurisdiction.

(i) Reports required by this Code section must be submitted not later than 30 days after the person making such report learns of the occurrence of the reportable event or transaction. The office may provide forms for the submission of reports required by this Code section, may require that reports be submitted on the forms provided, and may adopt rules necessary to ensure prompt and accurate reporting.

31-46-6.

(a) Each practitioner under this chapter shall register with the commissioner annually by filing a registration form with the commissioner which must contain the following information:

(1) Name;

(2) Address;

(3) Complementary health care title;

(4) Business address;

(5) Telephone number;

(6) Degrees;

(7) Training;

(8) Licenses;

(9) Experience;

(10) State and national certifications;

(11) Certificates of training;

(12) Other qualifications; and

(13) A brief description of the modality and theoretical approach to be used by the practitioner.

(b) A practitioner registered under this chapter shall maintain written records of each occasion when such practitioner furnishes complementary and alternative health care practices to a client and a description of the practices furnished.

(c) The commissioner shall adopt such rules as are necessary for the registration of practitioners. The commissioner shall establish fees based on the estimates of the revenue required to administer this chapter.

31-46-7.

The department shall have the same powers and duties with regard to investigations of registered practitioners as are granted to professional licensing boards and the division director with regard to their licensees under subsections (h), (i), and (k) of Code Section 43-1-19 and those provisions shall similarly govern records and immunity.

31-46-8.

The office shall maintain and keep current a file containing the reports and complaints filed with the office against registered complementary and alternative health care practitioners. Each complaint filed with the office must be investigated. If the files maintained by the office show that a malpractice settlement or award has been made against a registered complementary and alternative health care practitioner, the commissioner may authorize a review of the practitioner´s practice by the staff of the office.

31-46-9.

The commissioner may impose disciplinary action as described in this Code section against any complementary and alternative health care practitioner. The following conduct by a practitioner is prohibited and is grounds for disciplinary action:

(1) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt, or a plea of nolo contendere, in any court of this state or any other jurisdiction in the United States, reasonably related to engaging in complementary and alternative health care practices. Conviction, as used in this paragraph, includes a conviction of an offense which, if committed in this state, would be deemed a felony or a crime involving moral turpitude, without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld or not entered;

(2) Failure to comply with the self-reporting requirements of this chapter;

(3) Engaging in sexual contact with a complementary and alternative health care client or former client, engaging in contact that may be reasonably interpreted by a client as sexual, engaging in any verbal behavior that is seductive or sexually demeaning to the client, or engaging in sexual exploitation of a client or former client. For purposes of this clause, 'former client' means a person who has obtained services from the registered complementary and alternative health care practitioner within the past two years;

(4) Advertising that is false, fraudulent, deceptive, or misleading;

(5) Revealing a communication from, or relating to, a complementary and alternative health care client except when otherwise required or permitted by law;

(6) Failure to comply with a complementary and alternative health care client´s request to furnish a complementary and alternative health care client record or report required by law;

(7) Splitting fees or promising to pay a portion of a fee to anyone for services rendered by the other person to the complementary and alternative health care client;

(8) Failure to provide a complementary and alternative health care client with a copy of the client bill of rights or violation of any provision of the client bill of rights;

(9) Violating any order issued by the commissioner;

(10) Failure to comply with any provision of the rules adopted under this chapter;

(11) Revocation, suspension, restriction, limitation, or other disciplinary action against any health care license, certificate, registration, or right to practice of the registered complementary and alternative health care practitioner in Georgia or another state or jurisdiction for offenses that would be subject to disciplinary action in this state or failure to report to the office that charges regarding the practitioner´s license, certificate, registration, or right of practice have been brought in Georgia or another state or jurisdiction; and

(12) Failure to provide a complementary and alternative health care client with a recommendation that the client see a health care provider who is licensed by a health related licensing board if there is a reasonable likelihood that the client needs to be seen by a licensed health care provider.

31-46-10.

The fact that a complementary and alternative health care practice may be a less customary approach to health care shall not constitute the basis of a disciplinary action per se under this chapter.

31-46-11.

When the commissioner finds that a complementary and alternative health care practitioner has violated any provision of this chapter, whether registered or not, the commissioner may take one or more of the following actions, only against the individual practitioner:

(1) Revoke the right to practice as a registered practitioner;

(2) Suspend the right to practice as a registered practitioner;

(3) Impose limitations, conditions, rehabilitation requirements, or supervision on the practitioner´s provision of complementary and alternative health care practices;

(4) Impose a civil penalty not exceeding $10,000.00 for each separate violation, the amount of the civil penalty to be fixed so as to deprive the practitioner of any economic advantage gained by reason of the violation charged or to reimburse the office for all costs of the investigation and proceeding;

(5) Censure or reprimand the practitioner; or

(6) Impose a fee on the practitioner to reimburse the office for all or part of the cost of the proceedings resulting in disciplinary action including, but not limited to, the amount paid by the office for services from the office of administrative hearings, attorneys´ fees, court reports, witnesses, reproduction of records, staff time, and expense incurred by the staff of the office.

31-46-12.

If the commissioner proposes to take disciplinary action against the practitioner as permitted by Code Section 31-46-16, that action shall be a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

31-46-13.

The commissioner may, at the commissioner´s discretion, reinstate the right to practice as a practitioner registered under this chapter.

31-46-14.

The right of a registered complementary and alternative health care practitioner to practice as a registered practitioner is automatically suspended if a guardian for the person of a registered complementary and alternative health care practitioner is appointed by order of a court. The right to practice remains suspended until the guardianship is terminated.

31-46-15.

If a practitioner registered under this chapter is licensed by a health related licensing board and the commissioner determines that the practitioner has violated any provision of this chapter, the commissioner, in addition to taking disciplinary action under this chapter, shall report the commissioner´s findings and disciplinary actions under this chapter to such board and may make a nonbinding recommendation that such board take further action against the practitioner in that capacity.

31-46-16.

In addition to any other remedy provided by law, the commissioner may in the commissioner´s own name bring an action in any superior court that has jurisdiction for injunctive relief to restrain a registered complementary and alternative health care practitioner from a violation or threatened violation of any statute, rule, or order which the commissioner is empowered to regulate, enforce, or issue. A temporary restraining order must be granted in the proceeding if continued activity by a practitioner would create a serious risk of harm to others. The commissioner need not show irreparable harm.

31-46-17.

All registered complementary and alternative health care practitioners shall provide to each complementary and alternative health care client prior to providing treatment a written copy of the complementary and alternative health care client bill of rights. A copy must also be posted in a prominent location in the office of the registered complementary and alternative health care practitioner. Reasonable accommodations shall be made for those clients who cannot read or who have communication impairments and those who do not read or speak English. The complementary and alternative health care client bill of rights shall include the following:

(1) The name, complementary and alternative health care title, business address, and telephone number of the registered complementary and alternative health care practitioner;

(2) The degrees, training, experience, or other qualifications of the practitioner regarding the complementary and alternative health care being provided, followed by the following statement in bold print:

'YOUR PRACTITIONER MUST REGISTER WITH THE DEPARTMENT OF HUMAN RESOURCES. THE STATE OF GEORGIA HAS NOT ADOPTED ANY EDUCATIONAL OR TRAINING STANDARDS FOR REGISTERED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS AND NEITHER REJECTS NOR ENDORSES ANY COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTICE. THIS STATEMENT OF CREDENTIALS IS FOR INFORMATION PURPOSES ONLY. UNDER GEORGIA LAW, A REGISTERED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER MAY NOT PROVIDE A MEDICAL DIAGNOSIS OR RECOMMEND DISCONTINUANCE OF MEDICALLY PRESCRIBED TREATMENTS. IF A CLIENT DESIRES A DIAGNOSIS FROM A LICENSED PHYSICIAN OR CHIROPRACTOR, OR SERVICES FROM A PHYSICIAN, CHIROPRACTOR, NURSE, OSTEOPATH, PHYSICAL THERAPIST, DIETITIAN, ACUPUNCTURIST, OR ANY OTHER TYPE OF HEALTH CARE PROVIDER, THE CLIENT MAY SEEK SUCH SERVICES AT ANY TIME;'

(3) The name, business address, and telephone number of the practitioner´s supervisor, if any;

(4) Notice that a complementary and alternative health care client has the right to file a complaint with the practitioner´s supervisor, if any, and the procedure for filing complaints;

(5) The name, address, and telephone number of the office of registered complementary and alternative health care practice and notice that a client may file complaints with such office;

(6) A brief summary, in plain language, of the theoretical approach used by the practitioner in providing services to clients;

(7) Notice that the client has a right to complete and current information concerning the practitioner´s assessment and recommended service that is to be provided, including the expected duration of the service to be provided;

(8) A statement that the client may expect courteous treatment and to be free from verbal, physical, or sexual abuse by the practitioner;

(9) A statement that client records and transactions with the practitioner are confidential, unless release of these records is authorized in writing by the client or otherwise provided by law;

(10) A statement of the client´s right to be allowed access to records and written information from records in accordance with this chapter;

(11) A statement that other services may be available in the community, including where information concerning such services is available;

(12) A statement that the client has the right to choose freely among available practitioners and to change practitioners after services have begun, within the limits of health insurance, medical assistance, or other health programs;

(13) A statement that the client has a right to coordinated transfer when there will be a change in the provider of services;

(14) A statement that the client may refuse services or treatment, unless otherwise provided by law;

(15) A statement that the client may assert the client´s rights without retaliation; and

(16) A statement that the practitioner is not licensed to practice medicine in the State of Georgia.

31-46-18.

Prior to the provision of any service, a client of a registered complementary and alternative health care practitioner must sign a written statement attesting that the client has received the complementary and alternative health care client bill of rights.

31-46-19.

In any civil action against a registered complementary and alternative health care practitioner regarding complementary and alternative health care practices, the practitioner must employ that degree of care and diligence ordinarily employed by like practitioners under similar conditions and surrounding circumstances.

31-46-20.

The provisions of this chapter shall not apply to persons licensed to practice medicine under Chapter 34 of Title 43, persons licensed to practice podiatry under Chapter 35 of Title 43, persons licensed to practice chiropractic under Chapter 9 of Title 43, and persons licensed to practice dentistry under Chapter 11 of Title 43.

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.